www.CharlesJeromeWare.com. "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national landlord lead paint defense law firm. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. We can help you.
In 2012 , 2013 and 2014 Maryland's two highest courts --- The Maryland Court of
Appeals and the Court of Special Appeals --- placed a priority on the legal
review of lead-based paint poisoning cases. Ten of those cases which more
directly and immediately affect litigation of Maryland's civil lead-based paint
poisoning lawsuits include the following:
1. Toliver v. Waicker, 210
Md. App. 52, 62 A.3d 200 (2013), cert. denied, 432 Md. 213, 68 A.3d 287 (2013).
Decision: Management company president, in that position alone, is not liable
personally as "operator" under the housing code.
2. Taylor v. Fiskind, 207
Md. App. 121, 51 A.3d 743 (2012), cert. denied, 431 Md. 221, 64 A. 3d 497
(2013). Decision :" Substantial Factor" causation expert lacks sufficient
factual basis to opine within a reasonable degree of medical certainty that the
residential unit was a substantial contributing source of the plaintiff's lead
exposure.
3.Hamilton v. Dackman, 213 Md. App. 589, 75 A.3d 327, petition for
cert. filed, Petition Docket No. 450, Sept. Term, 2013 : Decision: In order to
make a prima facie case of lead paint poisoning, a plaintiff must show that the
subject property was probably 9i.e., more likely than not) a source of
exposure.
4. Dixon v. Ford Motor Co., 433 Md. 137, 70 A.3d 328 (2013).
Decision : A Frye/Reed analysis of the admissibility of an expert's opinion
based upon its general acceptance in the relevant scientific community is only
necessary if that opinion involves a novel scientific method.
5. West v.
Rochkind, 212 Md. App. 164, 66 A.3d 1145 (2013), cert. denied, 435 Md. 270, 77
A.3d 1086 (2013). Decision : A plaintiff may prove the presence of lead paint at
a property by way of circumstantial evidence without XRF spectrometry or
laboratory paint chip or dust testing.
6. Montgomery Mutual. Ins. Co. v.
Chesson, 434 Md. 346, 75 A.3d 932 (2013). Decision: An expert's "novel" opinion
as to causation due to toxic exposure must be generally accepted in the relevant
scientific community before it can be deemed admissible.
7. City Homes, Inc.
v. Hazelwood, 210 Md. App. 615, 63 A.3d 713 (2013), cert. denied, 432 Md. 468,
69 A.3d 476 (2013). Decision: Expert's lack of qualifications and his
insufficient factual basis
to offer an opinion, as well as his lack of
knowledge of the source of the lead ingestion, ruled out his testimony at
trial.
8. Ross v. Housing Authority of Baltimore City, 430 Md. 648, 63 A.3d 1
(2013). Decision: Though the doctor was properly excluded as an "expert" at
trial as to the "source" of the plaintiff's lead exposure, the exclusion of that
testimony did not preclude the plaintiff from establishing the causal link by
circumstantial evidence at trial.
9. Butler v. S & S Partnership, 435 Md.
635, 80 A.3d 298 (2013), Decision: A trial court may not, sua sponte, exclude an
expert's opinions based on discovery violations found under Maryland Rule
2-432(b) without a party first moving for an order to compel discovery or filing
a motion for discovery sanctions.
10. Hamilton v. Kirson;and Alston v. 2700
Virginia Avenue Assocs. 2014 Court of Appeals Cases.
These two cases
will be argued and considered on the issue of the admissibility of expert
causation testimony and the legal sufficiency of a plaintiff's use of
circumstantial evidence to prove causation.
Wednesday, August 6, 2014
Monday, August 4, 2014
BALTIMORE, MARYLAND LEAD POISONING DEFENSE VARIABLES: Attorney Charles Ware's Update
www.CharlesJeromeWare.com. "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. We can help you when you are sued for lead paint poisoning.
Numerous judges and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible." That should not be the case.
If one accepts the premise that children are a product of both genetics and environment, it stands to reason that there may be multiple causes for a child's alleged cognitive deficiencies, lowered IQ, motor deficiencies, hyperactivity and attention deficit disorder, and various other sequelae normally attributed to lead poisoning. It is, therefore, defense counsel's job to explore the possibility that any of the child's alleged behavioral or neurological difficulties may be attributable to risk factors, or "confounding variables," other than lead poisoning.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. We can help you when you are sued for lead paint poisoning.
Numerous judges and commentators have suggested that in certain circumstances lead poisoning cases are "indefensible." That should not be the case.
If one accepts the premise that children are a product of both genetics and environment, it stands to reason that there may be multiple causes for a child's alleged cognitive deficiencies, lowered IQ, motor deficiencies, hyperactivity and attention deficit disorder, and various other sequelae normally attributed to lead poisoning. It is, therefore, defense counsel's job to explore the possibility that any of the child's alleged behavioral or neurological difficulties may be attributable to risk factors, or "confounding variables," other than lead poisoning.
INEBRIATED/INTOXICATED DRIVING IN HO. CO., MARYLAND: AIDUIA
www.CharlesJeromeWare.com. "Here to make a difference." We can help you.
Among his many other awards, accomplishments, accolades and honors, defense attorney Charles Ware is recognized as "one of the 10 BEST DUI and DWI Attorneys in the State of Maryland," according to the national organization, American Institute of DUI and DWI Attorneys [AIDUIA].
Drunk driving laws in Maryland can be complex and complicated. This is just one more reason why it is important for anyone charged or arrested for DUI or DWI to contact an experienced DUI/DWI attorney as soon as possible.
After a DUI arrest, you have only 10 days from the date of the arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the office of administrative hearings and pay $125 to the Maryland State Treasurer. If a person is arrested for drunk driving or DUI and fails to request the hearing on time, their license will be suspended automatically.
In Maryland the blood alcohol concentration level (BAC) for a DUI (driving under the influence)arrest is .08 or higher. A blood alcohol concentration level of .07 will result in a DWI (driving while impaired) arrest.
Maryland DUI
Among his many other awards, accomplishments, accolades and honors, defense attorney Charles Ware is recognized as "one of the 10 BEST DUI and DWI Attorneys in the State of Maryland," according to the national organization, American Institute of DUI and DWI Attorneys [AIDUIA].
Drunk driving laws in Maryland can be complex and complicated. This is just one more reason why it is important for anyone charged or arrested for DUI or DWI to contact an experienced DUI/DWI attorney as soon as possible.
After a DUI arrest, you have only 10 days from the date of the arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the office of administrative hearings and pay $125 to the Maryland State Treasurer. If a person is arrested for drunk driving or DUI and fails to request the hearing on time, their license will be suspended automatically.
In Maryland the blood alcohol concentration level (BAC) for a DUI (driving under the influence)arrest is .08 or higher. A blood alcohol concentration level of .07 will result in a DWI (driving while impaired) arrest.
Maryland DUI
- Minimum drivers license suspension of 45 days.
- Punishment of up to $1000 and 1 year in jail for a first offense DUI.
- Punishment of up to $2000 and 2 year in jail for a second offense DUI.
- A DUI conviction will result in 12 points on your Maryland drivers license record.
- Drivers license suspension of up to 60 days.
- Punishment of up to $500 and 2 months in jail for a first offense DWI.
- Punishment of up to $500 and 1 year in jail for a second offense DWI.
- A DWI conviction will result in 8 points on your Maryland drivers license record.
MADDD (MARYLAND ATTORNEYS DEFENDING DRUNK DRIVERS): AIDUIA
www.CharlesJeromeWare.com. "Here to make a difference. We can help you."
Among his numerous other accolades, accomplishments, awards and honors, defense attorney Charles Ware is recognized as "one of the 10 BEST DUI and DWI Attorneys in Maryland" by the national organization, American Institute of DUI and DWI Attorneys [AIDUIA].
For an initial courtesy consultation, contact his law firm --- Charles Jerome Ware, Attorneys & Counselors, LLC, at charlesjeromeware@msn.com, (410) 720-6129 or (410) 730-5016. We can help you.
Maryland drunk driving laws are strict and complex. It is very important that you contact us as soon as possible after you are arrested for drunk driving.
After a DUI arrest, you have only 10 days from the date of the arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the office of administrative hearings and pay $125 to the Maryland State Treasurer. If a person is arrested for drunk driving or DUI and fails to request the hearing on time, their license will be suspended automatically.
In Maryland the blood alcohol concentration level (BAC) for a DUI (driving under the influence)arrest is .08 or higher. A blood alcohol concentration level of .07 will result in a DWI (driving while impaired) arrest.
Maryland DUI
Among his numerous other accolades, accomplishments, awards and honors, defense attorney Charles Ware is recognized as "one of the 10 BEST DUI and DWI Attorneys in Maryland" by the national organization, American Institute of DUI and DWI Attorneys [AIDUIA].
For an initial courtesy consultation, contact his law firm --- Charles Jerome Ware, Attorneys & Counselors, LLC, at charlesjeromeware@msn.com, (410) 720-6129 or (410) 730-5016. We can help you.
Maryland drunk driving laws are strict and complex. It is very important that you contact us as soon as possible after you are arrested for drunk driving.
After a DUI arrest, you have only 10 days from the date of the arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the office of administrative hearings and pay $125 to the Maryland State Treasurer. If a person is arrested for drunk driving or DUI and fails to request the hearing on time, their license will be suspended automatically.
In Maryland the blood alcohol concentration level (BAC) for a DUI (driving under the influence)arrest is .08 or higher. A blood alcohol concentration level of .07 will result in a DWI (driving while impaired) arrest.
Maryland DUI
- Minimum drivers license suspension of 45 days.
- Punishment of up to $1000 and 1 year in jail for a first offense DUI.
- Punishment of up to $2000 and 2 year in jail for a second offense DUI.
- A DUI conviction will result in 12 points on your Maryland drivers license record.
- Drivers license suspension of up to 60 days.
- Punishment of up to $500 and 2 months in jail for a first offense DWI.
- Punishment of up to $500 and 1 year in jail for a second offense DWI.
- A DWI conviction will result in 8 points on your Maryland drivers license record.
Wednesday, July 23, 2014
Attorney Charles Ware's Blog: BALTIMORE LANDLORD STRATEGIES FOR FIGHTING LEAD PA...
Attorney Charles Ware's Blog: BALTIMORE LANDLORD STRATEGIES FOR FIGHTING LEAD PA...: www.charlesjeromeware.com " Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, LLC, is a premie...
BALTIMORE LANDLORD STRATEGIES FOR FIGHTING LEAD PAINT CASES: Defense Lawyer's Update
www.charlesjeromeware.com " Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. We can help you when you are sued for lead paint poisoning.
Baltimore landlords should be aware of the following, inter alia :
1. Any Baltimore residential unit that was built prior to 1978 should be treated by landlords as though it does in fact contain lead-based paint, unless a lead paint-certified risk professional has issued a written report indicating that the entire property has been properly tested and in fact does not contain lead-based paint.
2. The United States Environmental Protection Agency (EPA) has reported that "undisturbed" lead paint (i.e., in good condition, etc.) is usually not harmful. It is when the lead paint is "disturbed" that lead poisoning problems can develop. Disturbed lead point normally includes lead dust, and lead-based paint that is chipped, peeling, cracked, or otherwise deteriorated. These issues must be addressed immediately by the landlord or landowner.
3. Paint on and in residential units should be regularly checked -- and written observations made, dated and signed by the qualified person making the observations, and areas of the home where painted surfaces rub together, such as windows, should be regularly checked. Whenever feasible, get the tenant to sign-off on these inspections.
4. Pursuant to the Residential Lead-Based Paint Hazard Reduction Act, also known as Title X, landowners and landlords must inform the residents (tenants) or applicants to purchase (buyers)
that the possibility of lead paint exists (if true). In sum, disclosure of known information on lead-based paint and lead-based paint hazards must be made before the sale or lease of most residential units.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. We can help you when you are sued for lead paint poisoning.
Baltimore landlords should be aware of the following, inter alia :
1. Any Baltimore residential unit that was built prior to 1978 should be treated by landlords as though it does in fact contain lead-based paint, unless a lead paint-certified risk professional has issued a written report indicating that the entire property has been properly tested and in fact does not contain lead-based paint.
2. The United States Environmental Protection Agency (EPA) has reported that "undisturbed" lead paint (i.e., in good condition, etc.) is usually not harmful. It is when the lead paint is "disturbed" that lead poisoning problems can develop. Disturbed lead point normally includes lead dust, and lead-based paint that is chipped, peeling, cracked, or otherwise deteriorated. These issues must be addressed immediately by the landlord or landowner.
3. Paint on and in residential units should be regularly checked -- and written observations made, dated and signed by the qualified person making the observations, and areas of the home where painted surfaces rub together, such as windows, should be regularly checked. Whenever feasible, get the tenant to sign-off on these inspections.
4. Pursuant to the Residential Lead-Based Paint Hazard Reduction Act, also known as Title X, landowners and landlords must inform the residents (tenants) or applicants to purchase (buyers)
that the possibility of lead paint exists (if true). In sum, disclosure of known information on lead-based paint and lead-based paint hazards must be made before the sale or lease of most residential units.
Friday, July 18, 2014
HOWARD COUNTY, MD DUI/DWI BASICS
www.CharlesJeromeWare.com. "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national DUI and DWI drunk-driving defense law firm. Attorney Charles Ware himself is ranked "one of the BEST 10 DUI/DWI Defense Attorneys in the State of Maryland" by the American Institute for DUI/DWI Attorneys [AIDUIA]. For an initial courtesy consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Drunk-driving laws in Maryland are relatively complex. Therefore, a competent drunk-driving defense attorney is important to have on your team in this state.
Maryland Drunk Driving Laws: DUI Versus DWI:
Under Maryland drunk driving laws, a distinction is made between being over the legal blood-alcohol limit and driving while impaired by alcohol.
Driving while impaired is considered a lesser offense than driving under the influence, and thus the penalties for DWI are less severe than those for DUI.
You may be arrested and charged with a DUI in Maryland if, via chemical testing, a police officer determines that your blood-alcohol content is .08 percent or higher. This is the legal limit in Maryland.
To receive the lesser charge of a DWI in Maryland, your blood-alcohol content must fall between .07 and .08 percent. Once again, this will be determined through chemical testing.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based national DUI and DWI drunk-driving defense law firm. Attorney Charles Ware himself is ranked "one of the BEST 10 DUI/DWI Defense Attorneys in the State of Maryland" by the American Institute for DUI/DWI Attorneys [AIDUIA]. For an initial courtesy consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Drunk-driving laws in Maryland are relatively complex. Therefore, a competent drunk-driving defense attorney is important to have on your team in this state.
Maryland Drunk Driving Laws: DUI Versus DWI:
Under Maryland drunk driving laws, a distinction is made between being over the legal blood-alcohol limit and driving while impaired by alcohol.
Driving while impaired is considered a lesser offense than driving under the influence, and thus the penalties for DWI are less severe than those for DUI.
You may be arrested and charged with a DUI in Maryland if, via chemical testing, a police officer determines that your blood-alcohol content is .08 percent or higher. This is the legal limit in Maryland.
To receive the lesser charge of a DWI in Maryland, your blood-alcohol content must fall between .07 and .08 percent. Once again, this will be determined through chemical testing.
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